RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  00-00201
            INDEX CODE:  110.02

            COUNSEL:  NONE

            HEARING DESIRED:  NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

His Reenlistment Eligibility (RE) code of 2C be changed.

___________________________________________________________________

APPLICANT CONTENDS THAT:

The RE code he received is unjust.   The  Air  Force  was  aware  of  his
tattoos before he entered the Air Force’s Delayed  Entry  Program  (DEP).
His tattoos were documented in his medical records (enlistment  physical)
at the Military Entrance Processing Center (MEPS) before he enlisted.  He
was allowed to go to Basic Military Training  (BMT)  and  the  Air  Force
admitted it was their fault he was allowed in the Air Force.

He would like to enlist in the U.S. Navy.  The Navy does  not  have  such
regulations regarding tattoos.

In support of his application,  the  applicant  provided  copies  of  his
separation documents and his discharge case file.   Applicant’s  complete
submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

On 4 Jun 98, the applicant underwent a physical examination to enlist  in
the Air Force.  The Standard Forms (SFs) 88 and 93 in his record prepared
at the time of this  examination  show  medical  personnel  at  the  MEPS
documented the tattoos.  The applicant was found fully qualified for  Air
Force enlistment and he enlisted in the Air Force Reserve under  the  DEP
waiting to attend BMT.

On 2 Sep 98, he was discharged from  the  Air  Force  Reserve  (DEP)  and
enlisted in the Regular Air Force for a  period  of  4  years.   He  then
proceeded to Lackland AFB, Texas for entry into BMT.

In the meantime, on 8 Jun  98,  before  the  applicant  enlisted  in  the
Regular Air Force, Immediate Change (IC) 98-1, to AFI 36-3208, Table 2.5,
was issued which incorporated a new Air Force policy on tatoos.

On 9 Oct 98, while the applicant was in BMT, his commander  notified  him
that discharge action was being initiated under the provisions of AFPD 36-
32 and AFI 36-2308, Paragraph 5.14 (Defective Enlistment).  The Commander
stated the  applicant  had  excessive  tattoos  and  had  the  Air  Force
identified this prior to the his enlistment, the applicant would not have
been allowed to enlist.  The applicant was advised of his rights  in  the
matter.  The applicant  acknowledged  receipt  of  the  notification  and
indicated that he understood that because he entered the DEP prior to the
new Air Force policy on tattoos, he was being offered the opportunity  to
voluntarily have the  tattoos  removed  versus  discharge  for  erroneous
enlistment.   The  applicant  requested   a   discharge   for   erroneous
enlistment.

On 14 Oct 98, the applicant was separated with an entry level  separation
under the provisions of AFI 36-3208 (Erroneous Entry  (Other)).   He  had
served 1 month and 13 days on active duty.  An RE 2C was assigned.

___________________________________________________________________

AIR FORCE EVALUATION:

The Separations Branch, AFPC/DPPRS, recommended denial  of  his  request.
DPPRS stated it is their belief that the discharge  was  consistent  with
the discharge regulation at the time of separation, the discharge  action
was within the discreteion of the discharge authority, and the  applicant
was provided full administrative due process (see Exhibit C).

The Directorate, Personnel Program Management, AFPC/DPPAES,  conducted  a
review of the applicant’s case and stated the RE Code of  2C  is  correct
based on the type of separation.  This evaluation is at Exhibit D.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 21
Apr 00, for review and comment within 30 days.  As  of  this  date,  this
office has received no response.

___________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law  or
regulations.

2.  The application was timely filed.

3.  Sufficient relevant evidence has been presented  to  demonstrate  the
existence of probable  injustice.   The  records  before  us  reveal  the
applicant was found fully qualified for  enlistment  in  the  Air  Force;
however, a policy change to the governing  instruction  issued  four  (4)
days after his enlistment in the DEP rendered him ineligible  because  of
excessive tattoos.  Notwithstanding the  new  standards,  the  Air  Force
permitted the applicant to enter basic training and during  his  training
he was notified that he was no longer qualified for service  in  the  Air
Force.  The applicant entered the Air Force in good faith  after  he  was
found to be physically qualified for  service.   We  can  understand  his
reluctance to undergo removal of his tattoos since this is  an  extremely
painful procedure.  In view of the foregoing and  after  considering  the
information presented by the applicant, the evidence of record,  and  the
contents of the applicable Air Force instruction, we  are  persuaded  the
applicant has been the victim of an injustice.  The  applicant  indicates
it is his desire to enlist in the U.S. Navy.  It is our opinion  that  he
should not be precluded from serving  in  another  branch  of  the  armed
forces that has fewer restrictions on tattoos.  In order  to  remove  any
impediment his Air Force separation may  place  on  attempts  to  reenter
another branch of the  armed  forces,  we  believe  the  reason  for  his
separation and his RE code should be changed.  The  applicant  should  be
aware that this action would not guarantee his enlistment --  whether  or
not he is successful in his attempts to reenter will depend on the rules,
regulations, and the needs of the service to which he applies.

___________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military  records  of  the  Department  of  the  Air  Force
relating to APPLICANT be corrected to show that on 14  October  1998,  he
was separated  under  the  provisions  of  AFI  36-3208,  paragraph  1.2,
Secretarial Authority, with a separation code of KFF and  a  reenlistment
eligibility (RE) code of 1J.

___________________________________________________________________

The following  members  of  the  Board  considered  this  application  in
Executive Session on 13 July 2000, under the provisions of AFI 36-2603:

            Ms Charlene M. Bradley, Panel Chair
            Ms. Marcia J. Bachman, Member
            Mr. Steven A. Shaw, Member

All members voted to correct the records, as recommended.  The  following
documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 14 Jan 00, with attachments.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPRS, dated 24 Mar 00.
     Exhibit D.  Letter AFPC/DPPAES, dated 30 Mar 00.
     Exhibit E.  Letter, SAF/MIBR, dated 21 Apr 00.




                                   CHARLENE M. BRADLEY
                                   Panel Chair





AFBCMR
1535 Command Drive
EE Wing, 3rd Floor
Andrews AFB, MD  20762-7002





Dear Mr.

      Your application to the Air Force Board for Correction of Military
Records, AFBCMR 00-00201, has been finalized.

      The Board determined that the military records should be corrected
as set forth in the attached copy of a Memorandum for the Chief of Staff,
United States Air Force.  The office responsible for making the
correction will inform you when your records have been changed.

      After correction, the records will be reviewed to determine if you
are entitled to any monetary benefits as a result of the correction of
records.  This determination is made by the Defense Finance and
Accounting Service (DFAS-DE), Denver, Colorado, and involves the assembly
and careful checking of finance records.  It may also be necessary for
the DFAS-DE to communicate directly with you to obtain additional
information to ensure the proper settlement of your claim.   Because of
the number and complexity of claims workload, you should expect some
delay.  We assure you, however, that every effort will be made to
conclude this matter at the earliest practical date.

                                   Sincerely



                                   JOHN J. D’ORAZIO
                                   Chief Examiner
                                   Air Force Board for Correction
                                   of Military Records

Attachments:
1.  Record of Proceedings
2.  Copy of Directive

cc:
DFAS-DE







AFBCMR 00-00201




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of
Section 1552, Title 10, United States Code (70A Stat 116), it is directed
that:

      The pertinent military records of the Department of the Air Force
relating to , be corrected to show that on 14 October 1998, he was
separated under the provisions of AFI 36-3208, paragraph 1.2, Secretarial
Authority, with a separation code of KFF and a reenlistment eligibility
(RE) code of 1J.







  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency